China has made rapid progress over the past two years towards developing a legal framework governing cyberspace.
Christopher Mirasola is a JD/MPP candidate at Harvard Law School and the Kennedy School of Government, where he studies America's strategic posture in the Asia-Pacific. Prior to graduate school he worked in mainland China for over two years, much of that time focused on the Chinese legal system. Chris is currently an Executive Editor of the Harvard International Law Journal and has held a legal internship at the Naval War College and Department of Defense Office of General Counsel (International Affairs).
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The Washington Free Beacon reports that China may be backing away from its most controversial legal justification in the South China Sea: the “Nine-Dash Line.” Officials from the Chinese Ministry of Foreign Affairs advanced a new legal theory at a closed-door meeting with U.S.
Pursuant to a FOIA request from the Electronic Frontier Foundation (EFF), the FISA Court has released 18 redacted opinions regarding FISA Section 702. The opinions primarily concern the authorization of proposed targeting and minimization procedures to assure that their letter and implementation accord with statute and the Fourth Amendment.
Yesterday, President Trump announced on Twitter that he plans to nominate Christopher Wray as the new Director of the FBI. The FBI is currently being led by Acting Director Andrew McCabe, whom the New York Times reported was considered for the post. The Senate must confirm Wray before he can assume the directorship.
After months of international consternation, China’s cybersecurity law (CSL) went into effect today. For a deep dive on what foreign companies should expect from the law, see Samm Sacks’s excellent piece posted to Lawfare this morning.
I first wrote about the law in November of last year, concluding that:
The Military Commissions were busy last week in the case against Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi. In summarizing what happened, we’re experimenting with a new format. Below is a rundown of the substantive issues addressed in last week’s open sessions (Monday, Tuesday, and Friday). Hearings on Wednesday and Thursday involved classified material, and were therefore closed.
Beijing has published a bevy of laws, regulations, and policy statements over the past six months on cyber governance (here, here, and here).